Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
Can a defendant who had been conclusively debarred from defending a claim be granted permission to appeal against the substantive judgment of the claim? Nathan Capone, associate at Fieldfisher, looks at how the Chancery Division dealt with that issue in Hall v Elia.
Hall and another v Elia and another  EWHC 1697 (Ch),  All ER (D) 63 (Jul)
The Chancery Division refused an application by a mother for permission to appeal against a registrar’s decision that a deed by which her son had purported to assign his interest in a property to her was a sham or, in the alternative, should be set aside pursuant to sections 339, 340 or 423 of the Insolvency Act 1986 (IA 1986). The Chancery Division judge found that as the mother had been debarred by the registrar from defending the claim, she should be refused permission to appeal against his decision on the deed of assignment.
The son and mother maintained that by a deed of assignment he had sold his interest in the property to her before the bankruptcy order was made against him. His trustee in bankruptcy claimed a beneficial interest in the property, as did the liquidators of his company on the basis that company monies had been used to fund the purchase of the property.
The trustee and liquidators applied to the Bankruptcy Court for the deed of assignment to be set aside. The registrar held that the assignment was
Prior to the hearing, the registrar had debarred the mother from defending the application and adducing evidence owing to her failure to comply with his previous orders.
The mother’s application for permission to appeal against the debarring order was refused by the Chancery Division.
Despite being conclusively debarred from defending the claim and adducing evidence, the mother nevertheless applied for permission to appeal against the registrar’s substantive judgment.
The judge was required to determine whether a defendant who is debarred from defending a claim and adducing evidence may neverthele
Free trials are only available to individuals based in the UK
* denotes a required field
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial. See our full terms here.
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234